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RELIGIOUS 
COMMUNITIES 
OF WOMEN 



RELIGIOUS COMMUNITIES 
OF WOMEN 



IN THE 



NEW CODE OF CANON LAW 



COMPILED AND ARRANGED 
BY 

A FRIAR MINOR 

OF THE 

PROVINCE OF THE SACRED HEART 



3 ^0>i^yt\X^AJt^- ^ 



ST. LOUIS, MO. 
1918 



EX PARTE ORDINIS NIHIL OBSTAT. 

S. Ludovici, die 3 Julii 7918. 

Fr. Samuel Macke, O. F. M. f 

Min, Prov. 

NIHIL OBSTAT. 

S. Ludovici, die 4 Julii igi8. 

Fr. Joseph Rhode, O. F. M. , T. D. , Ph. D. , 

Censor Deputatus. 

IMPRIMATUR. 

Sti. Ludovici, die 5 Julii 1918. 

f Joannes Josephus, 

A rchiepiscopus 

Sti. Ludovici. 



Copyright, 1918 

h 

Samuel Macke, O. F. M. 
St. Louis, Mo. 



©CI.A50.1455 



AUG 15 1 9 i 8 



l Proprzus effectus legis est 

bonos facere eos quibus datur^—1 2 , q.^2 ) a.i. 

S. Thomas Aquinas. 



1 The effect proper to a law is 

to make those good to whom it is given." 

►S". Thomas Aquinas. 



CONTENTS 



No. Page 

1. TWO VERY IMPORTANT DECISIONS 1 

1° Concerning Rules and Constitutions 1 

2° Concerning Obedience to the Holy Father 1 

2. CERTAIN WORDS WITH A PRECISELY LIMITED MEANING . 1 

3° Religio, Ordo, Congregatio, etc 1 

3. ERECTION AND SUPPRESSION 3 

4° Erection of a House, etc. . 3 

5° Suppression of a House, etc. 3 

6° Concerning Provinces 4 

4. GOVERNMENT 5 

7° Superiors from Without ........ 5 

8° Superiors from Within 8 

9° Chapters: Election, Postulation 10 

5. VISITATION— VISITOR 13 

10° Visitation 13 

11° Visitor 13 

6. CONFESSION . .13 

12° Regulations concerning it 13 

7. MANIFESTATION OF CONSCIENCE 15 

13° Strict Prohibition concerning it 15 

8. HOLY COMMUNION . . . . . . . . .15 

14° Regulations concerning it 15 

9. LAST SACRAMENTS 15 

15° Who administers them ........ 15 

10. COUNCILLORS AND ECONOMES 16 

16° Regulations concerning them 16 

11. TEMPORAL ADMINISTRATION 17 

17° Prescriptions concerning it 17 



CONTENTS— Continued 



No. Page 

12. ADMISSION 19 

18° General Conditions . . . . . . . . .19 

19° Postulancy . 19 

20° Novitiate . . . 19 

21° Profession 26 

13. OBLIGATIONS AND PRIVILEGES 30 

22° Obligations 30 

23° Privileges 33 

14. TRANSIT— EGRESS— DISMISSAL 35 

24° Transit . 35 

25° Egress . . 36 

26° Dismissal 38 

15. PARTICULAR PROHIBITION . 40 

27° No Religious can be Sponsor . . . . . . .40 

16. FAST AND ABSTINENCE 40 

28° As prescribed by the Church, by Rules and Constitutions . . 40 

17. CERTAIN PENALTIES . .41 

29° Concerning several offences and abuse of power . . .41 



1. Two Very Important Decisions 

1° Rules and Constitutions, not contrary to the canons of the 
new Code, keep their force ; the others are done away with. 
Can. 489. 

2° Eeligious are bound to obey the Holy Father, as being 
their highest Superior, also by force of the Vow of Obedi- 
ence. Can. 499. 

2. Certain Words With a Precisely Limited Meaning 

3° Such are: 

1) Religio = Religious Body (Community) : a society, 
whose members according to its own laws, make pub- 
lic vows, perpetual or temporary, to be renewed 
when the time has elapsed, and thus tend to evan- 
gelical perfection. 

2) Ordo = Order: a religious Community, in which 
solemn vows are made. 

3) Oongregatio = Congregation: a religious Com- 
munity, in which only simple vows, either perpetual 
or temporary, are made. 

4) Juris pontificii = of pontifical right: a religious 
Community which has obtained either the Approval 
or at least the Decree of Praise from the Apostolic 
See. 

5) Juris dioecesani = of diocesan right: a religious 
Community which was instituted by the Ordinary, 
but has not yet obtained this Decree of Praise. 

6) Domus religiosa = Religious House: a dwelling of 
some religious Community in general. It is called 

a) formata = formed (properly so!), if at least 
"six" professed religious reside in it; other- 
wise 

b) non-formata = non-formed. 



7) Provincia = Province: a union of several religious 
houses under the same Superior, forming a part of 
the same religious Community. 

8) Religiosae = Eeligious: those who have made vows 
in some religious Community. 

a) Sorores = Sisters: religious of simple vows; 

b) Moniales = Nuns: religious of solemn vows or, 
religious whose vows are solemn according to 
institute, but for some places simple by a pre- 
cept of the Apostolic See. 

9) Superiores majores = Higher Superiors: 

a) The Superior General. 

b) The Superior Provincial, 

c) Their Vicars, and others having power like 
Provincials, 

d) The Superior (Abbess, Prioress, or by what- 
ever name she may be called) of an independ- 
ent Monastery of Nuns. Can. 488. 



Two 



3. Erection and Suppression 



4° For the Erection of a 

1) House, belonging to a religious Community " juris 
pontincii," there is required the permission of the 
Ordinary of the place where it is to be erected; 

2) House, belonging to a religious Community " juris 
dioecesani, ' ' there is required the permission of the 
Ordinary of the place of the Motherhouse as well as 
of the place where it is to be erected; 

3) Monastery of Nuns, there is required the permission 
of the Apostolic See besides that of the Ordinary of 
the place where it is to be erected; 

4) School, Hospital, and the like, separate from the 
house, there is required a 4 Special permission' ' of 
the Ordinary. Can. 495, 497. 

N. B. No religious house is to be erected, unless its 
members can be provided for in a becoming 
manner. Can. 496. 

N. B. The above permission is to be obtained in 
writing. Can. 497. 

N. B. With this permission faculty is granted to 
exercise the pious works corresponding to 
the secondary end of the religious Com- 
munity, unless something else be stipulated 
in the grant. Can. 497. 

N. B. For turning a house already established to 
another use (v. g. a school into a hospital) 
the same solemnities as above are required. 
Can. 497. 

5° For the Suppression of a 

1) House, belonging to a religious Community " juris 
pontifi cii, ' ' there must be obtained the consent of 
the Ordinary of the place where it is situated; 



Three 



2) House, belonging to a religious Community 6 ' juris 
dioecesani, ' ' there is sufficient, after having heard 
the Superior of the Congregation, the sole authority 
of the Ordinary of the place where it is situated, 
unless it be the only house of the Congregation, and 
saving the right of having recourse to the Apostolic 
See. 

3) Monastery of Nuns, there is required the permission 
of the Apostolic See. Can. 498. 

6° For dividing a religious Community 1 ' juris pontincii" 
into Provinces, for joining those already established or 
otherwise circumscribing them, for erecting new ones or 
suppressing those erected, there is required the permis- 
sion of the Apostolic See and that alone. Can. 494. 



Four 



4. Government 



Superiors from without: 

1) The highest Superior of all religious is the Holy 
Father to whom they must be obedient even by force 
of the Vow of Obedience. Can. 499. 

2) As a rule the Cardinal Protector's part is only to 
promote the welfare of the religious Community by 
his counsel and patronage. Can. 499. 

3) To the Ordinary of the place the Church has given 
certain rights. 

Briefly told they are the following: 

A. Eegarding religious Communities " juris pontificii" — 

a) He examines, either in person or through a priest 
deputed by him, the postulants before reception, 
the novices before profession, and the Sisters be- 
fore perpetual vows, as to "whether they have 
been forced or led, and as to whether they know 
what they are doing.' ' 

b) He presides, either in person or through another, 
at the election of the Superior General. 

c) He subscribes the report which the Superior Gen- 
eral must send to the Holy See at stated times. 

d) He visits the houses, situated in his diocese, and 
their sacred places. In connection with this 

e) He inquires about the discipline, sound doctrine 
or probity of morals, the enclosure, and the fre- 
quent reception of the Sacraments. Moreover in 
connection with this 

f ) He exacts an account of the administration of the 
dowries, and watches that they are kept intact. 

g) He takes cognizance of the administration of 
funds which have been given or left by way of 
legacy to a house for divine worship, or for benef- 
icense to be spent on that place. 



Five 



h) He appoints (approves), confirms, or also re- 
moves the Confessors, ordinary and extraordi- 
nary, and those to whom the religious may have 
recourse in particular cases. 

i) He designates the priest for Mass and other holy 
functions, and approves him for preaching the 
word of God. 

j) He grants permission for new houses, sacred 
places and such functions; for the letting of 
money which constitutes the dowry of the pro- 
fessed and of funds as mentioned in g), and for 
every change of letting; also for collecting alms. 

k) He watches over institutions attached to the 
houses as regards the teaching of religion, pro- 
priety of morals, exercises of piety, and the ad- 
ministration of sacred things. 

1) He attends to this that religious do not go out of 
the house alone, except in case of necessity. 

m) He determines, in case of dissent, what is to be 
given to one who leaves or is dismissed from the 
Congregation as means to make an honest living 
for some time. 

n) He allows, in one particular case [Cf. 14, 26°, 
8).] that a member under vows be sent back to 
the world at once. 

o) He may coerce religious by censures in those 
things in which they are under him. 

B. Eegarding religious Communities " juris dioecesani" — 

a) He has, if you except c) and compare n) with f ) 
below, all the rights mentioned under A., but to 
these must be added 

b) He confirms also, or even annuls the election of 
the Superior General, accordingly as he may 
deem expedient in the Lord. 

c) He takes cognizance of all other economic affairs 
besides those under A., f), g). 

d) He grants permission [Cf. A. j).] for the letting 
of any money whatsoever, and for the alienating 
of goods and the contracting of debts and obliga- 
tions in value or to the amount of not above 
30,000 lire ($6000). 

e) He lessens or also remits the prescribed dowry. 



Six 



f ) He dismisses a member under temporary as well 
as perpetual vows. In a word 

g) He exercises full jurisdiction over all the houses 
of such a religious Community in his diocese, but, 
if it is spread through other dioceses, he cannot 
change the Eules or Constitutions except with the 
consent of all and every other Ordinary. 

C. Eegarding Monasteries of Nuns — 

a) He has - provided that they are immediately sub- 
ject to him or to the Apostolic See, and if you 

except A., c), B., b), e), g), and compare A., f), 
g), 1), B., c), f) with f), g), h), below - all the 
rights mentioned under A. and B., but to these 
must be added 

b) He prescribes or also changes for legitimate 
causes the limits of the enclosure which is par- 
ticularly subject to his vigilance. 

c) He gives "general leave' ' to the Superior for ad- 
mitting into the enclosure physicians and others 
whose services are required. 

d) He judges of the imminent danger or grave in- 
jury on account of which a Nun may leave the 
enclosure temporarily. 

e) He permits to change the arrangements which a 
Nun made before profession concerning the ad- 
ministration, use, and usufruct of her property. 

f ) He takes cognizance of the monastery's temporal 
administration at least once a year [Cf. A., f ), g), 
B.,c).]. 

g) He dismisses a Nun under temporary vows; in 
the case of one under perpetual vows 

h) He transmits to the Sacred Congregation of Re- 
ligious all acts and documents together with his 
vote. 

i) He endeavors to bring back to her monastery a 
Nun who has apostatized or become a fugitive. 

Provided, however, that these monasteries are 
subject to a Superior regular, then - if you ex- 
cept again A., c), B., b), e), g), and leave A., a), 
j) (first part), k), m), n), C., b), c), d) to the 
Ordinary as his sole rights and A., i) to the Supe- 
rior regular only - 



Seven 



j) He presides [Cf. A., b). ] at the election of the 
Superior (Abbess, etc.) if he chooses to be pres- 
ent; otherwise the Superior regular. 

k) He visits [Cf. A., d). ] the monastery only as re- 
gards the law of enclosure. 

1) He approves [Cf. A., h). ] the Confessors "pre- 
sented" by the Superior regular. 

But in all other respects in which an "ac- 
count" must be rendered or a "permission (con- 
sent) " must be obtained, the Superior regular 
shares equal rights with the Ordinary, and with 
him the Superior regular co-operates as regards 
C, g) and sends his vote to the Sacred Congre- 
gation of Eeligious as regards C, h), and has the 
same duty as regards C, i). 

N. B. The permission for new houses, the alien- 
ating of property and the contracting of 
debts, and the collecting of alms [Cf. A., 
j), B., d). ] "must" be obtained in writ- 
ing. This also holds good of C, d) if time 
permits. 

N. B. Since the Lay (Extern) Sisters form one 
and the same religious Community with 
the Nuns or Choir Sisters, they are also 
governed by the above prescriptions in 
so far as these are applicable to them. * 

Superiors from within: 

1) The Superiors have dominative power. Can. 501. 

2) The Superior General exercises this power over all 
the provinces, houses, and members of the Congrega- 
tion; the Superior Provincial over all the houses and 
members of the province; the Local Superior over 
the house and its members assigned to her charge. 
Can. 502. 

3) Mere honorary titles of offices are forbidden; those 
of the higher offices which have really been dis- 
charged by religious may be retained if the Constitu- 
tions permit. Can. 515. 



*For all that is said in A. B. C. confer canons 492, 495, 497, 498, 
500, 506, 510, 512, 520, 521, 525, 526, 527, 529, 533, 534, 535, 547, 
549, 550, 552, 580, 597, 603, 604, 606, 607, 618, 619, 622, 643, 645, 
647, 652, 653, 1192, 1265, 1274, 1275, 1491. 



Eight 



N. B. Some particular duties of Superiors: 

a) Superiors must reside in their house and not 
leave it, except in accordance with the Consti- 
tutions. Can. 508. 

b) They must promote among their subjects the 
knowledge and execution of the Decrees of the 
Holy See which concern religious; they must 
also see to it that the Constitutions are pub- 
licly read at least once a year, and likewise the 
Decrees which the Church shall prescribe for 
public reading; and moreover, that, at least 
twice a month, there be an instruction (cate- 
chetical) for the lay members and domestics 
and a pious exhortation to all of the religious 
family. Can. 509. 

c) Every five years or oftener, if the Constitu- 
tions so demand, the Superior General of a 
Congregation " juris pontincii" must send to 
the Holy See a report on the state of the Con- 
gregation subscribed by herself and her Coun- 
cillors and also by the Ordinary of the place 
in which the Superior General with her Coun- 
cil resides. Can. 510. 

d) The Higher Superiors must visit personally or 
through others, if they are lawfully hindered, 
all the houses subject to them as often as the 
Constitutions require. Can. 511. 

e) The Superiors must take care that all their 
subjects make a retreat every year; that they 
assist at Holy Mass daily, unless lawfully hin- 
dered, give themselves to mental prayer, and 
apply themselves diligently to all other exer- 
cises of piety prescribed by the Eules and Con- 
stitutions; that they receive the Sacrament of 
Penance at least once a week, and that they 
promote among them frequent, even daily Holy 
Communion. Can. 595. 

f) They must also take pains that that which is 
prescribed by the Constitutions as to going 
out of the house, receiving and visiting outsid- 
ers be strictly observed, and they must not per- 
mit their subjects to live outside of a house of 
their own religious Community, except for a 
grave and just cause, and for a time as short 
as possible according to their Constitutions; 
for an absence, however, of more than six 
months, except for the sake of studies, the per- 
mission of the Apostolic See is always required. 
Can 606. 

Nine 



g) They must seriously attend to this that the 
Sisters, unless it be a case of necessity, do not 
go out of the house without a companion. Can. 
607. 

h) They must commit the collecting of alms only 
to professed Sisters of mature age and mind. 
Can. 623. 

Chapters: Election - Postulation. 

1) The Chapters have dominative power over the mem- 
bers of the religious Community. Can. 501. 

2) For the elections, made by the Chapters, special 
notice should be taken of the following : 

a) Those are ineligible for the offiice of Higher 
Superior who have not been professed ten 
years, to be computed from the first profession, 
are not of legitimate birth, and have not com- 
pleted their fortieth year, if there is question 
of the Superior General of a religious Com- 
munity or of the Superior of a Monastery of 
Nuns; their thirtieth year, if of the other 
Higher Superiors. Should the Constitutions 
require a more advanced age and other more 
excellent qualities they must be observed. Can. 
504. 

b) Higher Superiors should be such for a time, 
unless the Constitutions state otherwise; local 
Superiors should not be appointed for more 
than a term of three years. They can be taken 
again for the same office, if the Constitutions 
permit, but not for a third immediate term in 
the same house. Can. 505. 

c) The Ordinary of the place of the Chapter pre- 
sides at the election of the Superior General 
and of the Superior of a Monastery of Nuns. 
If the latter are subject to a Superior regular, 
he presides, unless the Ordinary, either per- 
sonally or through another, chooses to assist. 
For this reason he must always be informed of 
the day and the hour of the election. Can. 506. 

d) The scrutineers at the election in a Monastery 
of Nuns are two priests who should not be their 
ordinary Confessors. In Congregations two 
(at least) of the vocals are deputed for this by 
secret votes, unless they are deputed already by 
the Constitutions. They must take an oath of 
discharging their duty faithfully and of keep- 
ing the secret even after the election is over. 
Can. 506, 171. 



e) From the vocals there must also be taken one 
who acts as secretary. She writes down accu- 
rately all the Acts of the election which must 
afterwards be signed at least by the secretary 
herself, the President, and the scrutineers. 
These Acts must be kept in the archives. Can. 
171. 

f ) For election, unless the Constitutions state dif- 
ferently, an " absolute' 9 majority of votes is 
required in the first and second scrutiny, but 
a ' 'relative' 9 majority in the third scrutiny. If 
in this third scrutiny two obtain an equal num- 
ber of votes, that one is considered elected who 
has made her vows before the other. Can. 101, 
174. 

g) An election cannot be made except by the votes 
of those who are present. And hence, unless 
the Constitutions state differently, votes cannot 
be cast by letter or through a procurator. Can. 
163. 

h) If, however, a vocal, who is in the house where 
the election takes place, cannot be present on 
account of illness, the scrutineers will go to re- 
ceive her written vote, unless the Constitu- 
tions ordain otherwise. Can. 168. 

i) Even though one should have a right to vote 
by reason of several titles she can cast only one 
vote. Can. 164. 

k) No one can vote for herself. Can. 170. 

1) All must beware of procuring, either directly 

or indirectly, votes for themselves or others. 

Can. 507. 

m) Only such can vote at an election as are en- 
titled to an active voice by the Constitutions. 
Can. 167. 

n) The vote, to be valid, must be free, secret, cer- 
tain, absolute, determined. Can. 169. 

o) The scrutineers take care that the votes are 
properly cast. After having collected them all, 
they examine, before the President of the elec- 
tion according to the manner established by 
the Constitutions or legitimate custom, whether 
the number of votes corresponds to the number 
of electors, then they inspect them closely and 
make known how many each obtained. Can. 
171. 



Eleven 



p) If the number of votes exceeds that of the elec- 
tors, nothing has been accomplished. Can. 171. 

q) The ballots must be burned immediately after 
each scrutiny, or at the end of the session if 
there were several scrutinies. Can. 171. 

r) In Congregations 4 * juris dioecesani" the Ordi- 
nary of the place also confirms the election of 
the Superior General. This confirmation must 
be given in writing. Can. 506, 177. 



3) Postulation can be admitted only in an extraordi- 
nary case and provided that the Constitutions do 
not forbid it. Can. 507. 

a) It may take place, if to the election of a Sister 
whom the electors deem more adapted for the 
office there is an impediment from which a dis- 
pensation may be obtained and is generally 
given by the competent Superior. Can. 179. 

b) In order that postulation take any effect the 
greater part of votes must be in favor of it, yes 
if it concurs with election two-thirds of the 
votes are required. Can. 180. 

c) The vote for postulation must be expressed by 
the word: I postulate. The formula: I elect 
or postulate avails for election, if no impedi- 
ment exists, otherwise for postulation. Can. 
180. 

d) The postulation must be sent to the competent 
Superior at least within eight days. Can. 181. 

e) Postulation gives no rights until it has been 
ratified. Can. 181. 

f ) If postulation is rejected the right of electing 
goes back to the electors, unless they know- 
ingly postulated one who is detained by an im- 
pediment from which dispensation cannot be 
given or is not usually given, in which case the 
Superior will provide. Can. 182. 



Twelve 



5. Visitation— Visitor 



10° Eegarding the visitation confer 4, 7°, A., d) etc., and 8°, 
d). 

11° The Visitor, whether Higher Superior or Local Ordinary, 
has the right and the duty to question the religious and to 
know those things which concern the visitation; the re- 
ligious are bound to answer truthfully, and no Superior 
may lawfully avert them from this obligation or otherwise 
hinder the scope of the visitation. Can. 513. 



6. Confession 

12° Concerning this matter, the following regulations must be 
observed: 

1) The Sisters go to sacramental confession at least 
once a week. Can. 595. 

2) As a rule they go for this to the ordinary Confessor 
appointed by the Ordinary of the place. Can. 520. 

3) Should any Sister, "for the quiet of her soul, and 
her further progress in the way of God," desire a 
special (ordinary) Confessor or spiritual Director, 
she must apply to the Ordinary of the place for such 
concession. Can. 520. 

4) To the extraordinary Confessor, who should come to 
the house at least four times a year, all the Sisters 
must present themselves, at least to receive his 
blessing. Can. 521. 

5) In particular cases the Sisters may also have re- 
course for the Sacrament of Penance to other priests 
who are to be designated for this by the Ordinary 
of the place. If a Sister request any of these Con- 
fessors, no Superior may, either personally or 
through others, either directly or indirectly, inquire 
into the reason of the request, or refuse the petition 
by word or deed, or in any way show that she toler- 
ates it unwillingly. Can. 521. 



Thirteen 



6) Valid and licit is also the confession which a Sister 
"for the tranquillity of her conscience" (occasion- 
ally) makes to a priest, even though not designated 
for religious, but authorized to hear confessions, in 
any church or oratory, even a semi-public one. The 
Superior may not forbid this or inquire about it, 
even indirectly, and the Sisters are not bound to 
mention the fact to the Superior. Can. 522. 

7) When seriously ill, although not in danger of death, 
a Sister may call any priest, even though not desig- 
nated for religious, but authorized to hear confes- 
sions, and she may confess to him as often as she 
wish during the serious illness. The Superior can- 
not forbid this either directly or indirectly. Can. 



N. B. On the part of the religious the ordinary 
Confessor may be reappointed after the ex- 
piration of his term of office (three years), 
if by secret ballot a majority of the religious 
- taking in also those who in other matters 
have no right to vote - request his retention. 
But those who dissent must be provided for 
in some other way if they so desire. Can. 
526. 



523. 




Fourteen 



7. Manifestation of Conscience 

13° The Superiors are strictly forbidden to induce their sub- 
jects in any manner soever to make to them a manifesta- 
tion of conscience. The subjects, however, are not hin- 
dered from freely and of their own accord opening their 
hearts to their Superiors. It is even expedient that they 
go to them with child-like confidence. Eeal matters of con- 
science, however, should be referred to the Confessor. Can. 
530. 



8. Holy Communion 

14° Concerning this matter, the following regulations must be 
kept in view: 

1) The frequent and daily reception of the Most Holy 
Eucharist is free to all religious rightly disposed. 
Can. 595. 

2) Only in case a Sister, since her last confession, has 
given grave scandal to the Community or has been 
guilty of some grievous public fault, the Superior 
can forbid her to go to Holy Communion, until she 
has gone to confession again. Can. 595. 

3) If in the Eules or Constitutions or also Calendars 
Communions are found affixed to or ordained for cer- 
tain days, such regulations have only directive force. 
Can. 595. 



9. Last Sacraments 

15° In houses of Sisters, the Parish Priest or the Chaplain, if 

specially appointed for this by the Ordinary, has the right 
and duty of administering the Eucharistic Viaticum and 
Extreme Unction; in houses of Nuns, the ordinary Con- 
fessor or his vicegerent. Can. 514. 



Fifteen 



10. Councillors and Economes 

16° As to these it is ordained: 

1) The Superior General, Provincial, and Local, at least 
of a formed house, must have their Councillors whose 
consent or counsel they must ask in accordance with 
the norms of the Constitutions and the sacred Can- 
ons. 

2) For the administration of temporal goods there must 
also be an Econome General, Provincial, and Local 
who, under the direction of the Superior, adminis- 
ters the goods of the whole Congregation or province 
or house respectively. 

3) Neither the Superior General nor the Superior Pro- 
vincial can hold the office of econome ; that of Local 
Econome may be put together with the office of 
Local Superior, if necessity requires it. 

4) Should the Constitutions be silent on the manner of 
electing the economes, they are elected by the 
Higher Superior with the consent of her Council. 
Can. 516. 

N. B. If the Superior needs the consent of the 
Councillors for acting, her action is null and 
void, if she acts against their vote (major- 
ity) ; if she needs their counsel only, if suf- 
fices for acting "validly" to call them to- 
gether and hear their opinion. But although 
she is not bound to accede to their vote, even 
though it be unanimous, she should neverthe- 
less yield much to the unanimous vote of all, 
and not depart from it without prevailing 
reason. Those requested to give their con- 
sent or counsel, must do so with due rever- 
ence, faithfulness, and sincerity. Can. 105. 



Sixteen 



11. Temporal Administration 

Particular notice should be taken of this matter in the 
following prescriptions : 

1) Unless the Eules and Constitutions forbid or restrict 
it, the religious Community as well as each province 
and every single house is capable of acquiring and 
possessing temporal goods. Can. 531. 

2) These goods must be administered in accordance 
with the norms of the Constitutions by the respec- 
tive econome. Can. 532. 

N. B. All titles of property, and whatever else per- 
tains to these matters must be kept in a safe. 
Can. 594. 

3) Expenses and juridical acts are, within the bounds 
of their office, validly made and done, not only by 
the Superiors, but also by those officials whom the 
Constitutions designate for this. Can. 532. 

4) As regards the letting of money which constitutes 
the dowry of the professed or of any money what- 
soever or of funds left by legacy for divine worship, 
etc., confer 4., 7°, A., j), B., d), C., a). 

5) Concerning the accounts of administration which 
must be rendered to the Ordinary, etc., confer 4., 7°, 
A., f), g), B., c), C, f). 

6) For the alienating of precious things or other goods, 
and for the contracting of debts and obligations, the 
permission of the Apostolic See is required, under 
pain of nullity of contract, if the value or amount 
exceeds 30,000 francs or lire ($6000). Can. 534. 

N. B. In the United States the Ordinaries of the 
dioceses have been authorized, for a period 
of ten years (Rescript dated 1 September, 
1910), to permit the religious Communities 
of their respective dioceses to contract debts 
up to the sum of 50,000 francs ($10,000) 
without having recourse to the Holy See. Cf . 
Ecclesiastical Review, vol. XLIII (1910), p. 
594. 



Seventeen 



7) In petitioning the permission of the Apostolic See 
for the contracting of debts and obligations, there 
must be mentioned the other debts and obligations 
with which the Congregation or province or house is 
burdened up to that day, otherwise the permission 
which has been obtained is invalid. Can. 534. 

8) If the Congregation or the province or the house 
has contracted debts and obligations, even though 
with permission of the Superiors, the responsibility 
for them rests on each respectively. Can. 536. 

9) If a religious of solemn vows with permission of the 
Superior has contracted such, the responsibility 
rests on the Order or province or house whose re- 
spective Superior has given permission; if a relig- 
ious of simple vows with permission of the Supe- 
rior has contracted such in doing business for the 
Congregation or province or house, the responsibil- 
ity rests on the Superior who gave permission; if 
not for the Congregation, etc., on herself. Can. 536. 

10) If a religious without any permission of the Superior 
has contracted such, the responsibility rests on her 
alone, and not on the Congregation (Order) or prov- 
ince or house. Can. 536. 

11) Permission to incur debts should not be granted, on 
the part of the religious Superior, unless it be evi- 
dent that from the ordinary income the interest can 
be paid, and within a time not too long, by means of 
lawful amortization, also the capital. Can. 536. 

12) Donations from the goods of the house or province 
or Congregation (Order) are not permitted, except 
by reason of alms or another just cause, with per- 
mission of the Superior and in accordance with the 
norms of the Constitutions. Can. 537. 



Eighteen 



12. Admission 



18° General conditions in those to be received: 

They must be 

1) Catholics; 

2) Free from any impediment; 

3) Moved by a right intention; 

4) Fit to bear the burdens of the religious Community. 
Can. 538. 

19° Postulancy: 

1) It lasts for at least six full months, which time may 
be prolonged by the Higher Superior, but not beyond 
another term of six months. Can. 539. 

N. B. Communities with temporary vows only 
need not change their Constitutions in this 
respect. Can. 539. 

2) It must be made in the house of the Novitiate or also, 
under the special care of an experienced religious, 
in another house of the Congregation, provided that 
discipline be religiously observed there in accord- 
ance with the Constitutions. Can. 540. 

3) The garb of the postulants must be becoming, but 
different from that of the novices. Can. 540. 

4) In monasteries of Nuns the postulants are bound by 
the law of enclosure during postulancy. Can. 540. 

5) Before beginning their novitiate the postulants must 
make a retreat of at least eight full days. They will 
also, according to the prudent judgment of the Con- 
fessor, make a general confession of their past life. 
Can. 541. 

20° Novitiate: 

1) The right of admitting to the novitiate belongs to the 
Higher Superiors together with the vote of the Coun- 
cil or Chapter according to the peculiar Constitu- 
tions of each religious Community. Can. 543. 



Nineteen 



2) Invalidly are admitted 

a) Those who have adhered to a non-catholic sect; 

b) Those who do not have the age required for the 

novitiate; 

c) Those who enter religion led by force, grave 
fear or deceit, or whom the Superior, induced 
in the same manner, receives ; 

d) Married women, whilst marriage endures; 

e) Those who are bound or have been bound by 
the bond of religious profession; 

f ) Those to whom penalty is imminent on account 
of a grave offence which they have committed 
and of which they have been accused or may be 
accused. 

3) Illicitly, but validly are admitted 

a) Those who are burdened with debt which they 
are unable to pay; 

b) Those who are under obligations or implicated 
in other secular affairs, from which the re- 
ligious Community may fear lawsuits and trou- 
ble; 

c) Those who must support parents, that is father 
or mother, grandfather or grandmother, if 
they are in grave necessity. Can. 542. 

4) There must also be required 

a) A certificate of Baptism and of Confirmation. 

b) A testimonial (accurate investigation) con- 
cerning their character and morals. 

c) A sworn testimonial of the Higher Superior, if 
there is question of admitting such as have 
been postulants or novices in another Order or 
Congregation. In this testimonial the reason 
must be given why they were dismissed or left 
of their own accord. Can. 544, 545. 

N. B. This sworn testimonial must be sent to 
the respective Superiors, and not to 
the aspirants. Can. 545. 

N. B. It is of strict obligation to keep the se- 
cret as regards such informations and 
the persons who gave them. Can. 546. 



Twenty 



5) The prescribed dowry: 

a) Is fixed in the Constitutions or by legitimate 
custom. It must be handed over before receiv- 
ing the habit, or at least rendered secure by a 
guaranty, made valid by public deed. It can- 
not be remitted or lessened without an indult 
of the Holy See, if it concerns a religious Com- 
munity 6 i juris pontincu^; without the permis- 
sion of the Ordinary of the place, if it con- 
cerns a religious Community " juris dioe- 
cesani." Can. 547. 

b) The Monastery or religious Community irre- 
vocably acquires the dowry by the death of the 
religious, even though she has made only tem- 
porary vows. Can. 548. 

c) After the first profession of the religious it 
must be safely, properly, and profitably in- 
vested by the Superior and her Council, with 
the consent of the Local Ordinary and of the 
Superior regular, if the house is dependent 
on him. During the lifetime of the religious it 
is strictly forbidden to spend it in any manner 
whatsoever, not even for building a house or 
for cancelling debts. Can. 549. 

d) The dowries must be carefully and honestly 
administered at the monastery or at the house 
of the Superior General or Provincial. The Or- 
dinaries must see to it that they are kept in- 
tact. Can. 550. 

e) To a professed religious who leaves for any 
reason soever, the entire dowry must be re- 
stored, but without interest. If, however, a 
professed religious with apostolic indult goes 
over to another religious Community, the in- 
terest, saving any particular stipulation (Cf. 
14., 24°, 4), b) below), is due during the noviti- 
ate to the new Community, and, the new pro- 
fession having followed, also the dowry; if she 
goes over to another monastery of the same 
Order, the dowry is due to this monastery from 
the day of her transit. Can. 551. 

6) The information for the purpose mentioned in 4., 7°, 
A., a), must be given by the respective Superior to 
the Ordinary of the place at least two months before 
the reception (temporary and perpetual profession). 
Can. 552. 



Twenty-one 



7) The novitiate commences with the taking of the 
habit, unless another mode is prescribed by the Con- 
stitutions. Can. 553. 

8) To be valid (Cf. 12., 20°, 2) above) 

a) It must commence after the completed fifteenth 
year; 

b) Last for one entire and continuous year; and 

c) Be made in the house of the Novitiate. If a 

longer time is prescribed in the Constitu- 
tions, this is not required for the validity of 
profession, unless the contrary be expressly 
stated in the Constitutions. Can. 555. 
N. B. to b) . The day on which the novice received 
the habit is not to be counted. If she there- 
fore was invested v. g. on May 10, 1918, pro- 
fession cannot be made any sooner than May 
11,1919. Cf. Can. 34, 3°. 

9) The novitiate is interrupted, so that it must be com- 
menced anew and completed, 

a) If the novice, being dismissed by the Superior, 
has gone out of the house, or 

b) If the novice, without the Superior's permis- 
sion, has left the house with a mind not to re- 
turn, or 

c) If the novice, even though with the Superior's 
permission, and with a mind to return, has re- 
mained outside the house, for any reason so- 
ever, over thirty days, be they continuous or 
not. 

d) If the novice, with the Superior's permission 
or compelled by force, has remained outside 
the house under the Superior's obedience, over 
fifteen, but not over thirty days, it is necessary 
and sufficient for the validity of the novitiate 
that the days thus spent be supplied; if not 
over fifteen days, the supplement can be pre- 
scribed by the Superiors, but it is not necessary 
for validity. 

e) The Superiors are not to give permission to 
stay outside the novitiate, except for a just and 
grave cause. 

f ) If the notice is transferred into another Noviti- 
ate house of the same religious Community, the 
novitiate is not interrupted. Can. 556. 



Twenty-two 



10) The Mistress of novices: 

a) Must be at least thirty-five years old and ten 
years professed. Prudence, charity, piety, and 
religious observance ought to distinguish her. 
Can. 559. 

b) If it should seem expedient an Associate maybe 
given her, who must be at least thirty years old 
and five years professed and endowed with the 
other necessary qualifications. In things con- 
cerning the government of the Novitiate she 
is immediately subject to the Mistress. Can. 
559. 

c) Both must be free from all offices and charges 
which may hinder the care and direction of the 
novices. Can. 559. 

d) Both are elected in accordance with the norms 
of the Constitutions, and if in these a term is 
prescribed for the duration of their office, they 
should not be removed during that term with- 
out a grave and just cause, and the same can 
be elected again. Can. 560. 

e) The Mistress alone has the right and duty to 
educate the novices and to govern the Novitiate, 
so that no one is allowed to interfere with her 
office, except the Superiors to whom the Con- 
stitutions give such permission and the Visit- 
ors. Regarding the discipline of the whole 
house, however, the Mistress as well as the 
novices are subject to the Superior. Can. 561. 

f) The Mistress is bound by grave obligation to 
take all care that the novices are taught re- 
ligious discipline according to the Constitu- 
tions. Can. 562. 

g) She must specially attend to formation of char- 
acter, to study of the Eule and Constitutions, 
to pious meditations and constant prayer, to 
learning those things which pertain to the vows 
and their virtues, to appropriate exercises for 
a thorough amendment of defects, the curbing 
of passions, and the acquiring of virtues. Can. 
565. 

h) During the year of novitiate she must, con- 
formably to the Constitutions, give to the 
Higher Superior a report of the conduct of 
each and every novice. Can. 563. 



Twenty-three 



11) The Novices: 

a) Are subject to the power of the Mistress and 
the Superiors of the religious Community and 
bound to obey them. Can. 561. 

b) "Without special cause and permission of the 
Superior or Mistress they must have no com- 
munication with the professed nor they with 
them. Can. 564. 

c) During the year (canonical) of novitiate they 
must not be applied, that is, of set purpose, to 
the study of letters, sciences or arts, nor to the 
exterior works of the religious Community. 
Can. 565. 

d) As regards confession they must be treated like 
the professed (Cf. 6., 12°). Can. 566. 

e) They enjoy all the privileges and spiritual 
favors granted to the religious Community; 
and if they should die they have a right to the 
same suffrages which are prescribed for the 
professed. 

f ) In the course of their novitiate they may not re- 
nounce or oblige their goods in any manner so- 
ever. Such renunciation or obligation is not 
only illicit, but also null and void. Can. 568. 

g) Before making simple vows, temporary or per- 
petual, they must, for the time that they are 
bound by these, yield the administration of 
their goods to whom it best pleases them and, 
unless the Constitutions ordain otherwise, dis- 
pose with all freedom of the use and usufruct. 
Can. 569. 

h) If this surrender and disposal was omitted for 
want of goods, and such have afterwards come, 
or if it was made, and afterwards other goods 
have come by any title soever, it may be made 
or made again according to the norms stated in 
g), notwithstanding the profession of simple 
vows. Can. 569. 

i) In Congregations they must, before profession 
of temporary vows, with all freedom make a 
testament of their goods, both present and fu- 
ture. Can. 569. 

j) They are free to leave the religious Com- 
munity. They can also be dismissed by the 
Superiors according to the Constitutions for 
any just cause. The Superiors are not bound 
to make known to them the cause for dismissal. 
Can. 571. 

Twenty-four 



k) If, at the end of novitiate, they are deemed fit, 
they are admitted to profession, otherwise dis- 
missed; if there is doubt as to their fitness, the 
time of probation may be prolonged by the 
Higher Superiors, but not beyond six months. 
Can. 571. 

1) Before making profession they must make a 
retreat of at least eight full days. Can. 571. 

N. B. Congregations 4 ' juris pontificii" need 
the permission of the Apostolic See for 
erecting a Novitiate house. If they are 
divided into provinces, the same prov- 
ince cannot have several Novitiate 
houses without a grave cause and a 
special Apostolic indult. Only exem- 
plary religious should be placed in the 
Novitiate house. Can. 554. 

N. B. The Novitiate should, as far as possible, 
be separated from that part of the 
house in which the professed live. In 
the Novitiate itself a special place is to 
be assigned to Lay-novices, if there are 
such in the Community. Can. 564. 

N. B. Lay-novices may be occupied, in the 
house itself, with their particular work 
(but not as primary officials) as long 
as it does not keep them from the ex- 
ercises of the Novitiate. Can. 565. 

N. B. In religious Communities in which 
there are two classes of members, the 
novitiate made for one is of no value 
for the other. Can. 558. 

N. B. Nothing can be demanded for the ex- 
penses of postulancy or novitiate un- 
less, at the beginning thereof, pro- 
vision is made, in the Constitutions or 
by express agreement, as to payment 
for food and clothing. Whatever as- 
pirants brought with them must, if it 
has not been used up, be returned to 
them, if they leave the Community 
without having made profession. Can. 
570. 



Twenty-five 




21° Profession: 

1) The right of admitting to profession, temporal as 
well as perpetual, belongs to the Higher Superiors 
together with the vote of the Council or Chapter, ac- 
cording to the peculiar Constitutions of each re- 
ligious Community. Can. 543. 

N. B. This vote is deliberative (majority of votes 
decides) for the first temporary profession, 
but only consultative (Cf. 10., 16°, N. B.) 
for the subsequent perpetual profession, 
whether solemn or simple. Can. 573. 

2) To be valid 

a) The one about to make profession must have 
the legitimate age. 

N. B. For temporary profession one must be 
fully sixteen years old; for perpetual 
profession, whether solemn or simple, 
twenty-one. Can. 573. 

b) The legitimate Superior must admit to it ac- 
cording to the Constitutions. 

c) A valid novitiate must have preceded (Cf. 12., 
20°). 

d) It must be made without force, grave fear or 
deception. 

e) It must be express (in words). 

f ) It must be received by the legitimate Superior 
herself or her delegate according to the Consti- 
tutions. 

g) Perpetual profession, whether solemn or sim- 
ple, must be preceded by simple, temporary 
profession. Can. 572. 

3) In every religious Community this aforesaid simple 
temporary profession must be made in the Novitiate 
house and for a term of three years or, if the re- 
quired age for perpetual profession is farther off, for 
a longer time, unless the Constitutions require an- 
nual professions. This time, on condition that tem- 
porary profession is renewed by the religious, may 
be prolonged by the legitimate Superior, but not be- 
yond another term of three years. Can. 574. 

N. B. The annual or triennial renovation of vows 
can be made on the same date on which the 
first profession was made. Cf. Can. 34, 5°. 



Twenty-six 



4) In making religious profession the rite prescribed in 
the Constitutions must be observed. The document 
(Act of Profession), subscribed by the professed her- 
self and at least by the one before whom profession 
was made, must be kept in the archives of the Com- 
munity. In the case of solemn profession, the Supe- 
rior receiving it must inform the parish priest of 
the place where the professed was baptized of this 
fact. Can. 576. 

5) When the time for which vows were made has 
elapsed, they must be renewed without delay. Supe- 
riors may for a just cause anticipate this renewal 
somewhat, but not over a month. Can. 577. 

6) The rights and obligations of those under temporary 
vows are: 

a) They enjoy the same indulgences, privileges, 
and spiritual favors as the other professed, and 
if they should die they have a right to the same 
suffrages. 

b) They are bound in the same manner as the 
other professed to observe the Eule and the 
Constitutions, but, where the obligation of 
Choir exists, they are not bound by the law of 
reciting the Divine Office privately, unless the 
Constitutions say so expressly. 

c) They lack active and passive voice, unless ex- 
press provision is made for this in the Consti- 
tutions, but the time prescribed for enjoying 
active and passive voice must be computed 
from the first profession if the Constitutions 
are silent on this point. Can. 578. 

7) The effects of profession are as follows : 

a) Simple profession, whether temporary or per- 
petual, renders acts contrary to the vows 
illicit, but not invalid, unless the contrary is 
expressly prescribed; solemn profession, how- 
ever, renders them also invalid, if they can be 
made void. Can. 579. 

b) Unless the Constitutions provide otherwise, the 
professed of simple vows, whether perpetual 
or temporary, retain the ownership of their 
goods and are capable of acquiring other 
goods, saving, however, the prescriptions in 
12., 20°, 11), g). Can. 580. 



Twenty-seven 



c) But whatever they acquire by their industry or 
with regard to the religious Community, they 
acquire for the Community. Can. 580. 

d) They cannot change at will, unless the Consti- 
tutions permit this, those surrenders and dis- 
posals spoken of in 12., 20°, 11), g), but they 
may with the permission of the Superior Gen- 
eral, or, in the case of Nuns, with that of the 
Ordinary of the place and of the Superior regu- 
lar, if the monastery is dependent on him, pro- 
vided that the change, at least if it concerns a 
notable part of the goods, is not made in favor 
of the Community. They are also made void 
by the very fact of leaving the Community. 
Can. 580. 

e) Within sixty days before solemn profession, 
saving peculiar indults granted by the Holy 
See, the professed of simple vows must re- 
nounce all the goods they actually have to 
whomsoever they please, on condition that 
profession follows. Before that time such re- 
nunciation would be invalid. After profession 
all that should be done forthwith, which is 
necessary to make the renunciation also ef- 
fective in civil law. Can. 581. 

f ) After solemn profession, saving likewise pecu- 
liar indults of the Apostolic See, all goods 
which in any manner soever come to the pro- 
fessed, go to the Order or province or house, in 
an Order capable of possessing them; in an 
Order incapable of possessing them, the Holy 
See acquires the ownership. Can. 582. 

g) In Congregations the professed of simple vows 
are not allowed to give up the ownership of 
their goods by an act " inter vivos" under a 
gratuitous title (by deed of gift or donation 
during life-time) ; and they cannot change their 
testament [Cf. 12., 20°, 11), i). ] without the 
permission of the Holy See or, if the case is 
urgent and time for recourse is wanting, with- 
out the permission of the Higher Superior or, 
if they cannot even go to her, of the Local Su- 
perior. Can. 583. 

h) Vows made before religious profession are sus- 
pended as long as the one who made them re- 
mains in religion. Can. 1315. 



Twenty-eight 



8) Revalidation of Profession: 

a) If profession is nnll and void by reason of an 
"external" impediment (v. g. for want of the 
required age), it does not become valid by sub- 
sequent acts, but must either be revalidated by 
the Apostolic See, or lawfully made anew, 
when its nullity becomes known and the im- 
pediment has been taken away; 

b) If, however, it is null and void on account of 
mere "internal" want of consent, it becomes 
valid when this is given, provided that consent 
on the part of the religious Community has not 
been revoked: 

c) If grave reasons exist against its validity, and 
the religious refuses, for safety's sake, either 
to renew the profession or to petition its re- 
validation, the matter must be referred to the 
Apostolic See. Can. 588. 




Twenty-nine 



13. Obligations and Privileges 

22° Obligations: 

1) In general 

a) All and every religions, Superiors as well as 
inferiors, must not only keep their vows faith- 
fully and exactly, but they mnst also regulate 
their life according to the Eules and Constitu- 
tions of their own religious Community, and 
thus tend to the perfection of their state. Can. 
593. 

b) Community-life must be accurately observed 
everywhere and by all, also in those things 
which pertain to food, clothing, and furniture. 
The latter must be in conformity to the poverty 
which they have professed. Whatever relig- 
ious, even Superiors, acquire by industry or 
with regard to the religious Community, and the 
goods which come to them after solemn profes- 
sion [Cf. 12., 21°, 7), f ). ] must be added to the 
goods of the house, province, or religious Com- 
munity. Can. 594. 

c) All religious must wear their own religious 
garb, both within and without the house, un- 
less a grave cause excuses them according to 
the judgment of the Higher Superior, or of the 
Local Superior in case of urgent necessity. Can. 
596. 

d) They must abstain from all things (practices, 
arts), and keep away from all places (shows, 
theatres) which do not become religious. Can. 
138, 139, 140. 

2) Enclosure: 

a) In houses of Nuns canonically established, 
even non-formed, papal enclosure must be ob- 
served. Excepted from this law are the Chapel 
for the public and its sacristy, a place for 
guests, if there be such, and the parlor which 
must be near the door of the house, if it can be 
arranged. The parts subject to enclosure should 
be indicated by some sign. To prescribe the 
exact limits of the enclosure or to change these 
for legitimate causes is part of the Bishop. 
Can. 597. 



Thirty 



b) Without the permission of the Holy See no 

one, of what condition, sex, or age soever, can 
be admitted into the enclosure. 

Excepted are: 

1/ The Visitors (The Ordinary of the place or 
Superior regular and their delegates) for 
the sake of inspection only. At least one 
cleric or a religious of mature age should 
accompany them. 

2/ The Confessor or his vicegerent for the 
purpose of administering the Sacraments 
to the sick or assisting the dying. 

3/ Those who hold supreme authority over 
nations, their wives, and suite ; also Cardi- 
nals. 

4/ Physicians, surgeons, and others whose 
services are required. For their admis- 
sion the Superior should obtain a general 
permission from the Ordinary of the place. 
This may, however, be justly presumed 
when the case is urgent and time to ask is 
wanting. Can. 600. 

c) No Nun may go out of the monastery after pro- 
fession, even for a short time, under any pre- 
text whatsoever, without a special indult of 
the Holy See, except in case of imminent dan- 
ger of death or another very grave calam- 
ity. Of such danger, if time permits, the Ordi- 
nary of the place is to judge in writing. Can. 
601. 

d) The enclosure of a Monastery of Nuns must 
be enclosed in such a way that, as far as pos- 
sible, persons outside cannot look into it, and 
that these cannot be seen from inside. Can. 
602. 

e) The enclosure of Nuns, even though subject to 
a Superior regular, is under the vigilance of 
the Ordinary of the place, who can correct and 
coerce by punishments and censures those who 
fail against it, Eegulars not excepted. It is 
likewise committed to the care of the Superior 
regular, if the Nuns are subject to him, and he 
can punish these and his other subjects, if they 
fail in this matter. Can. 603. 



Thirty-one 



f ) In houses of Sisters enclosure must also be ob- 
served, and no one of the other sex is to be ad- 
mitted into it except those mentioned above 
under b) and ' ' others' 7 of whom the Supe- 
riors for just and reasonable causes think that 
they can be admitted. In particular cases and 
for grave reasons the Bishop can strengthen 
this enclosure by censures, but he is always to 
take care that it is rightly observed, and to 
correct whatsoever defect may creep into it. 
Can. 604. 

N. B. The Superior of Sisters need not ask 
the permission spoken of in b) 4/ 
above. 

N. B. If with the house of the Sisters there 
is connected an institution for pupils 
or other works peculiar to their re- 
ligious Community, there should, if 
possible, be reserved to the Sisters, at 
least a part of the building subject to 
enclosure. Even into places outside 
the enclosure, but reserved to their 
pupils or to works peculiar to their re- 
ligious Community, persons of the 
other sex should not be admitted, ex- 
cept for a just cause and with the per- 
mission of the Superior. Can. 599. 

3) "Where the obligation of Choir exists, the Divine 
Office must be said in common every day according 
to the norms of the Constitutions in all houses where 
there are at least four religious, obliged to Choir and 
not lawfully hindered at the time, and even fewer, 
if the Constitutions so ordain. As far as possible, 
also the Mass corresponding to the Office of the day, 
should be daily celebrated according to the rubrics. 
Religious under solemn vows, the Lay-Sisters ex- 
cepted, must recite the canonical hours privately, if 
they were absent from Choir. Can. 610. 

4) All religious can freely send letters, not subject to 
the inspection of anyone, to the Holy See, the Apos- 
tolic Delegate, the Cardinal Protector, their own 
Higher Superiors, the Superior of the house who 
happens to be absent, the Ordinary of the place to 
whom they are subject, and if there is question of 
Nuns who are under the jurisdiction of Eegulars, 
also to the Higher Superiors of the Order; and they 
can also receive from all these letters which are like- 
wise not to be inspected by any one. Can. 611. 

Thirty-two 



5) If the Ordinary of the place for a public cause pro- 
claims the ringing of bells, prayers, or sacred sol- 
emnities all religious, even such as are exempt, must 
obey, saving, however, the Constitutions and privi- 
leges of each religious Community. Can. 612. 

23° Privileges: 

1) Each religious Community enjoys only those privi- 
leges which are either contained in the new Code 
of Canon Law or have been directly granted to the 
same by the Apostolic See, excluding in future any 
communication whatsoever. Privileges which a 
regular Order enjoys, belong also to the Nuns of 
the same Order, in so far as they are capable of en- 
joying them. Can. 613. 

2) Any Catholic daring to do physical violence to a re- 
ligious, even though only a novice, is guilty of sacri- 
lege. Can. 119. 

3) A Superior General of a religious Community " juris 
pontificii" cannot be cited before a civil court in 

matters pertaining to her office without the permis- 
sion of the Apostolic See; without the Ordinary of 
the place where the case is conducted concerning 
any other religious. If they are nevertheless cited 
by one who did not previously obtain permission, 
they can appear by reason of necessity and to avoid 
greater evil, after having informed the Superior 
from whom permission was not obtained. Can. 120. 

4) By an indult which was lawfully granted by the 
Ordinary of the place, the obligation of a common 
law (v. g. concerning fast and abstinence) ceases 
also for all religious living in the diocese, saving, 
however, the vows and Constitutions proper to each 
religious Community. Can. 620. 

5) Collecting of alms: 

a) Religious who according to Rule live on alms, 
may collect such with the sole permission of 
their Superior in the diocese in which their 
house is situated ; outside the diocese they need 
moreover, the permission in writing of the 
Ordinary of the place where they desire to 
collect such. Can. 621. 



Thirty-three 



b) Eeligious of Congregations " juris pontine^" 
are forbidden to collect alms, unless they have 
a special privilege from the Holy See ; but even 
with this they need the permission in writing 
of the Ordinary of the place, unless their privi- 
lege makes provision to the contrary. Eeligi- 
ous of Congregations 4 4 juris dioecesani" can 
never collect alms without the written permis- 
sion both of the Ordinary of the place where 
their house is situated and of the place where 
they desire to collect such. Can. 622. 

c) Concerning those to be sent for collecting alms 
confer 4., 8°, 3, h). 

d) As to the manner of asking alms, to be ob- 
served by those sent out, it must be said that 
they should never ask alms with arrogance, or 
as if due to them, but after having briefly and 
humbly explained their needs and those of 
their pious works, they shall accept what is 
spontaneously offered to them; otherwise let 
them trust in Divine Providence. Eegarding 
the discipline to be observed by those sent out, 
they must see to it that they have always with 
them the necessary authentic papers, that they 
do not go out except two and two, unless com- 
pelled by grave necessity, that they seek hos- 
pitality in places where they are not exposed 
to danger, that they stay out of their house 
not longer than a month within the diocese, 
nor more than two months outside the diocese, 
that they never stay out of their house over 
night when collecting in the place where they 
have a house, that they always and everywhere 
show the proper spirit of humility, modesty 
and cleanliness, shun familiarity, avoid im- 
proper places, sincerely practice piety, and 
comply as faithfully as possible with their 
spiritual exercises. They shall also carefully 
observe all other opportune directions given 
them by their Superior. In this respect confer 
Decrees "Singulari quidem" dated March 27, 
1896, and ' i De Eleemosynis colligendis ' 9 dated 
Nov. 21, 1908, for further information. 



Thirty-four 



14. Transit — Egress — Dismissal 

Transit: 

1) Without the authority of the Apostolic See a re- 
ligious cannot go over to another religious Com- 
munity, even to a stricter one, or from a Monastery 
which is independent to another. Can. 632. 

2) One who goes over to another religious Community 
must make the novitiate, during which, the vows 
enduring, the rights and particular obligations 
which she had in the religion that was given up 
remain suspended, and she is bound to obey the 
Superiors of the new religious Community and also 
the Mistress of novices even by reason of the Vow 
of Obedience. If she does not make profession in 
the new religion, she must return to the former one, 
unless meanwhile the time of her vows has expired. 
One who goes over to another monastery of the same 
Order, does not make the novitiate nor a new pro- 
fession. Can. 633. 

3) If one under solemn or simple perpetual vows goes 
over to another religion with solemn or simple per- 
petual vows, she is, after the novitiate, admitted 
at once to solemn or simple perpetual profession. 
The Superior may, however, prolong her probation, 
but not beyond another year after the novitiate has 
been completed. Can. 634. 

4) One who goes over to another monastery of the same 
Order - from the day of transit, to another religicus 
Community - from the newly made profession: 

a) Loses all rights and obligations which she had 
in the former religious Community or Mon- 
astery and assumes the rights and duties of 
the other. 

b) The religious Community or Monastery from 
which she goes, keeps those goods which it 
has acquired through the religious. As re- 
gards the dowry or its fruits and other per- 
sonal goods, if the religious should have any, 
confer 12., 20°, 5), e). Concerning the expenses 
of the novitiate see the last N. B. under 12., 
20°, 11). 



Thirty-five 



5) The solemnity of vows in the one who, according to 
the above canon makes simple vows in some Con- 
gregation, is extinguished by that very fact, unless 
something else be expressly stated in the Apostolic 
indult. Can. 636. 

Egress: 

1) One who is under temporary vows, can freely leave 
the religious Community when the time of her vows 
has expired: likewise can the religious Community 
exclude her from renewing temporary or making 
perpetual vows from just and reasonable causes, 
but not on account of infirm health, unless it be 
proven with certainty that it was deceitfully con- 
cealed or dissembled before profession. Can. 637. 

2) An indult to stay outside the convent, whether 
' 1 temporarily,' ' that is an indult of exclaustration, 
or " perpetually," that is an indult of secularization, 
the Apostolic See alone can give for religious Com- 
munities " juris pontifical; for Communities " juris 
dioecesani, ' ' also the Ordinary of the place. Can. 
638. 

3) She who has obtained an indult of exclaustration 
from the Apostolic See: 

a) Eemains bound by her vows and the other 
obligations of her profession which can be 
composed with her condition; 

b) She must put off the habit of her religious 
Community; 

c) She lacks active and passive voice whilst the 
indult endures, but she enjoys the mere spir- 
itual privileges of her religious Community; 

d) She is subject to the Ordinary of the territory 
where she stays, in place of her own religious 
Superiors, even by reason of the Vow of Obedi- 
ence. Can. 639. 

4) She who, after having obtained an indult of seculari- 
zation, leaves her religious Community, thereby 
becomes again like to a secular person, that is 

a) She is entirely separated from the religious 
Community; 



Thirty-six 



b) Cannot wear its habit any longer, and 

c) Is made free from her vows and all other obli- 
gations of Eule and Constitutions. 

Should such a one, through an Apostolic indult, be 

received again into the religious Community she 
must make a new novitiate and profession and hold 
her place among the professed from the day of the 
new profession. Can. 640. 

5) Such as leave a religious Community (on the expira- 
tion of their temporary vows or after having ob- 
tained an indult of secularization), or have been 
dismissed from the same cannot demand anything 
for the services they have rendered to the religious 
Community. But if they were received without 
dowry or have no means to provide for themselves, 
charity will demand that the religious Community 
give them what is required to go home in a safe 
and becoming manner, and provide also with ob- 
servance of natural equity on mutual consent or in 
case of dissent as determined by the Ordinary of 
the place, means to make an honest living for some 
time. Can. 643. 

6) An apostate is called a professed religious of "per- 
petual" vows, whether solemn or simple, who un- 
lawfully goes out of the religious house with a mind 
not to return, or who, though lawfully gone out, 
does not return with the intention to withdraw from 
religious obedience. 

N. B. This malicious intention is justly presumed, 
if the religious has not returned within a 
month nor manifested to her Superior a 
mind of returning. 

A fugitive is one who, without the permission of her 
Superiors, deserts the religious house, but with a 
mind to return. Can. 644. 

7) Apostates and fugitives are not at all loosed from 
their obligations and must return without delay to 
their religious Community. Their Superiors on the 
other hand must seek them with all solicitude, and 
if they return truly repentant, take them back. 
Can. 645. 

N.B. Cf. 4., 7°, C, i), etc. 



Thirty-seven 



26° Dismissal: 

1) By the fact itself there are to be held as lawfully 
dismissed religious : 

a) Who have publicly apostatized from the Cath- 
olic Faith; 

b) Who have taken to flight with a person of the 
other sex; 

c) Who have attempted or contracted matrimony 
or even civil marriage, as they call it. 

N. B. In such cases it suffices that the Higher 
Superior with her Chapter or Council 
declares the fact according to the norm 
of the Constitutions. The proofs of the 
fact should be carefully gathered and 
preserved in the archives of the house. 
Can. 646. 

2) A religious under temporary vows is dismissed 

a) By the Superior General with her Council's 

consent, manifested by secret votes, in Con- 
gregations " juris pontificii''; 

b) By the Ordinary of the place in which the re- 
ligious house is situated, in Congregations 
" juris dioecesani." He should however not 
make use of his right without the knowledge 
of the Superiors or against their just dissent; 
likewise 

c) By the Ordinary of the place and, if the mon- 
astery is subject to Eegulars, the Superior 
regular, in the case of a Nun, after the Superior 
of the monastery with her Council has verified 
the causes in writing. Can. 647. 

3) All the aforementioned are gravely bound in con- 
science not to dismiss such a religious except for 
grave reasons which may exist on the part of the 
religious Oommunitv or of the religious herself. 
Can. 647. 

N. B. Want of religious spirit which is a scandal 
to the others is a sufficient cause of dis- 
missal, if repeated admonitions together 
with a salutary penance have been in vain, 
but not infirm health, unless it be evident 
with certainty that it was deceitfully con- 
cealed or dissembled before profession. Can. 
647. 



Thirty-eight 



4) The causes for dismissal must be made known to the 

religious and full liberty must be given her to an- 
swer the charges. Her answers must be faithfully 
submitted to those mentioned in 2)a)b)c), and then 
be recorded in the Acts of the Congregation or Mon- 
astery. It is self-evident that recourse to the Holy 
See may be had, and whilst this is pending the dis- 
missal has no juridical effect. Can. 647, 650. 



5) A religious under temporary vows is loosed from 
these by the very fact of her dismissal. Can. 648. 

N.B. Cf. 14, 25°, 5). 



6) A religious under perpetual vows is dismissed in the 
following manner: 

a) In Congregations ' ' juris dioecesani, ' ' the Ordi- 
nary of the place in which the house of the 
religious is situated examines the causes of 
dismissal and issues the decree to that effect. 

b) In the case of Nuns, the Ordinary of the place 
transmits all acts and documents to the Sacred 
Congregation together with his vote and that 
of the Superior regular, if the monastery is 
subject to Regulars. 

c) In Congregations " juris pontincii," the Supe- 
rior General refers the whole matter with all 
acts and documents to the Sacred Congrega- 
tion which will decide what will seem most 
expedient. Can. 652. 

N. B. The religious in question cannot there- 
fore depart until the decision of the 
Ordinary or of the Sacred Congrega- 
tion has been received. And this the 
more so, because such a religious re- 
mains bound by her vows, unless the 
decree of the Ordinary or the indult 
of the Apostolic See state otherwise. 
And hence all attention must be paid 
to what such decree or indult ordains 
concerning the future state of such a 
religious. Cf. Can. 669, 672. 



Thirty-nine 



7) For the dismissal of such a Religious grave exterior 
causes are required, together with incorrigibility, 
which has first been established by experience, so 
that in the judgment of the Superior hope of amend- 
ment has vanished. Can. 651. 

8) Only on account of grave exterior scandal or some 
very grave injury which threatens the Community, 
can a religious - putting off the religious habit im- 
mediately - be sent to the world at once by the 
Higher Superior with the consent of her Council, 
or also, if delay be dangerous and time to go to 
the Higher Superior be wanting, by the Local Su- 
perior with the consent of her Council and of the 
Ordinary of the place, yet so that the matter be 
submitted without delay to the Holy See through 
the Ordinary himself or the Higher Superior, if she 
is near at hand. Can. 653. 

N. B. Confer likewise the preceding No. 4) and 
N. B. after No. 5). 



15. Particular Prohibition 



27° No religious, not even a novice, can be sponsor in Bap- 
tism or Confirmation, except in a case of urgent necessity 
and with the * 4 express* ' permission of the Local Superior 
at least. Can. 766. 



16. Fast and Abstinence 



28° Concerning the days of fast and abstinence and the man- 
ner of keeping them, as prescribed by the Church, religi- 
ous follow the regulations of the diocese in which they 
live. What is moreover prescribed by the vows, Eules 
and Constitutions of each religious Community remains 
unchanged. Cf. Can. 1253. 



Forty 



17. Certain Penalties 



29° Mark the following: 

1) Religious who conspire against the authority and 
the lawful mandates of the Holy Father, his Dele- 
gate, or their own Ordinary, and Superiors [Cf. 4., 
8°, N. B. b).] who incite their subjects to disobedi- 
ence against them, are to be coerced by censures or 
other punishments, and to be deprived of active and 
passive voice and their office. Can. 2331. 

2) One who does physical violence [Cf. 13., 23°, 2).] to 
a religious, incurs, by the fact itself, excommunica- 
tion which is reserved to the Ordinary, who may 
besides, according to his prudence, punish such a 
one in other ways. Can. 2343. 

3) One who dares to cite before a civil court [Cf. 13., 
23°, 3).] a Higher Superior of a religious Commun- 
ity " juris pontificii," incurs, by the fact itself, ex- 
communication which is reserved to the Apostolic 
See; one who dares to cite before a civil court 
any other religious, is to be punished in a manner 
befitting the gravity of the guilt by the Ordinary. 
Can. 2341. 

4) Those who violate the enclosure of Nuns [Cf. 13., 
22°, 2), b).] by entering it without due permission; 
likewise those who introduce or admit others unlaw- 
fully, and Nuns going out of it illegitimately [Cf. 
13., 22°, 2), c).] incur, by the fact itself, excommuni- 
cation which is reserved to the Apostolic See. Can. 
2342. 

5) Those who presume to alienate ecclesiastical goods 

or to give their consent to such alienation contrary 
to Can. 534 [Cf. 11., 17°, 6).], are to be punished by 
the legitimate ecclesiastical Superior, if there is 
question of a value or amount not exceeding 1000 
lire ($200.); if it exceeds 1000 but not 30,000 lire 
($6000.), the Superior or religious econome is to be 
deprived of her office and of the capacity to hold 
other offices, besides other adequate punishments 
to be inflicted by the Superiors; if, however, they 
knowingly neglect to obtain the permission of the 
Apostolic See in accordance with the aforemen- 
tioned Canon, all concerned incur, by the fact itself, 
excommunication. Can. 2347. 



Forty-one 



6) Those who force anyone to enter religion or to make 
profession incur, by the fact itself, excommunica- 
tion. Can. 2352. 

7) An apostate from her religious Community [Cf. 14., 
25°, 6.], incurs, by the fact itself, excommunication 
which is reserved to the Ordinary of the place where 
she lives. She is moreover deprived of all the 
privileges of her religious Community; and if she 
returns, she lacks forever active and passive voice, 
and she must besides be punished by the Superiors 
in accordance with the Constitutions in other ways 
corresponding to the gravity of her guilt. Can. 2385. 

8) A fugitive [Cf. 14., 25°, 6).] incurs, by the fact itself, 
privation of office, if she holds any in her religious 
Community; when she returns, she is to be pun- 
ished according to the Constitutions, and if the Con- 
stitutions do not provide for this, the Higher Su- 
perior is to inflict some punishment corresponding 
to the gravity of her guilt. Can. 2386. 

9) A religious, bound by the solemn Vow of Chastity, 
who presumes to contract marriage, even though 
only a civil one, incurs, by the fact itself, excom- 
munication which is reserved to the Apostolic See; 
a religious, bound by the simple perpetual Vow of 
Chastity, incurs, by the fact itself, excommunication 
which is reserved to the Ordinary. Can. 2388. 

10) Eeligious who violate the law of Community-life 

[Cf. 13, 22°, 1), b).] in a notable manner, are to be 
seriously admonished and, if amendment does not 
follow, they are to be punished even by depriving 
them of active and passive voice and, if they are 
Superiors, also of their office. Can. 2389. 

11) Religious Superiors who contrary to Can. 542 [Cf. 
12., 20°, 2), 3).] receive an unfit candidate into the 
novitiate, or contrary to Can. 571 [Cf. 12., 20°, 11), 
k).] admit her to profession, are to be punished 
according to the gravity of their fault, privation of 
office not being excluded. Can. 2411. 

12) Eeligious Superiors, even though exempted, are to 
be punished by the Ordinary of the place according 
to the gravity of their fault, privation of office not 
being excluded, 



Forty-two 



a) if contrary to Can. 549 [Cf. 12., 20°, 5), c).] 
they presume to spend the dowries of these 
received in any manner soever, the case of 
course excepted when a religious leaves; 

b) if contrary to Can. 552 [Cf. 12., 20°, 6).] they 
omit to inform the Ordinary of the place of 
the coming admission to the novitiate or to 
profession. Can. 2412. 

13) Superiors who after the visitation (Cf. 5., 11°) has 
been announced, transfer religious to another house 
without the consent of the Visitor; likewise all re- 
ligious, whether Superiors or subjects, who them- 
selves or through others, directly or indirectly, in- 
duce religious that, when questioned by the Visitor, 
they keep silent or dissemble truth in any manner 
soever or do not disclose it sincerely, or under any 
pretext whatsoever cause them trouble on account 
of the answers they gave to the Visitor, are to be 
declared unfit for the attainment of any offices with 
which the government of others is connected, and 
the Superiors are to be deprived of the office which 
they hold. Can. 2413. 

14) A Superior who acts contrary to Can. 521, 522, 523, 
[Cf. 6., 12°, 5), 6), 7), ] is to be admonished by the 
Ordinary of the place ; if she does it again, she is in 
punishment to be deprived by him of her office, on 
condition however, that he inform the Sacred Con- 
gregation of Religious at once. Can. 2414. 



A. M. D. G. 



Forty-three 



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